Harbans Lal, J. - (1.) THIS judgment will dispose of F.A.O 208 of 1977, F.A.O. 209 of l977 C.R. 906(sic) of 1977, and F.A Order 177 of 1977, as the same arise out of the same judgment of the Motor Accident Claims Tribunal, Chandigarh, (hereinafter to be called the Tribunal) dated 9th March, 1977.
(2.) IN an accident occurring on 7th November, 1971, Shri Behari Lal Chawla Appellant in F.A.O. 08 of 1977 and Shri Anand Sharma Appellant in F.A.O 209 of 1977, got a number of injuries on their persons. Both of them filed separate petition under Section 110 -A of the Motor Vehicles Act (hereinafter to be called the Act) before the Tribunal which were consolidated and were disposed of by one award as referred to above Shri Behari Lal Chawla was awarded Rs. 4,000/ -as compensation against the claim of Rs. 2,9000/ - and Shri Anand Sharma was awarded Rs 1500/ - where as he had claimed compensation of Rs. 14,000/ -. Both the said injured have filed separate appeals as referred to above for enhancement in the amount of compensation. Third Appeal, namely, F.A.O. 177 of 8977 and C.R. 906 of 1977 have been filed by the Insurance Company (hereinafter to be called the insurer) claiming absolute exemption from liability to pay the compensation. The facts in brief are that on 7th November, 1971, at about 2:15 P.M. Shri Behari Lal Chawla was going on the road between Sectors 10 and 11 of Chandigarh near the Home Science College on his vespa sector DLY 8715(sic) from the side of Sector 11 towards Sector 6, he was driving the said vehicle. Shri Anand Sharma was sitting on the pillion seat of the same at the time of the accident. An Ambassador car DLY 9651 (hereinafter to be called the offending car came from direction of the P.G.I from the other side of the crossing. Admittedly the said car belonged to Ltd. Col. Gurbax Singh Respondent No. 1 (hereinafter to he called the owner of the car) Shri Inder Mohan Sood Respondent No. 2 was its driver at the time of the accident. According to the version of the injured as referred in their petitions, the car was being driven at a fast speed. The driver of the car while taking a turn at the crossing lost control of the wheel and consequently the car swerved to wrong side of the road and as a result struck against the scooter which was only at a short distance from the crossing Both the injured fell down on the road. After taking the car to the extremes left side of the road after the accident and parking even on the fact path, the driver and other occupants of the car made good their escape
(3.) IT is not disputed that the said car was insured with Liberty Insurance Company Respondent No. 3 which was subsequently converted into New India Insurance Company Respondent No 4. (the insurer).;